Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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February 16, 2016 

Attn: 

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Modernization and Reform Act 2012 of the Federal 

Aviation Regulations from 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 91.7 

(a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (b); 91.203 (a) & (b); 91.405(a); 91.407 (a)(1); 91.409 (a) (2); 

91.417 (a) & (b) 

CONCERNING COMMERCIAL OPERATION OF 3DR Solo UNMANNED AIRCRAFT SYSTEMS PURSUANT TO 

SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

Richard Mack 

President 

Richard Mack Photography, Ltd. 

2331 Hartzell Street 

Evanston, Illinois 60201-1410 

Studio: 847-869-7794 

Fax: 847-869-7798 

Cell: 847-840-0081 

Email: richard@mackphoto.com 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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February 17, 2016 

To Whom It May Concern: 

Richard Mack of RICHARD MACK PHOTOGRAPHY, LTD., a professional photography and video production 

firm, hereafter referred to as RICHARD MACK PHOTOGRAPHY, LTD. seeks exemption from the requirements of 

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 21, 14 C.F.R 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), 

to operate an Unmanned Aircraft System (3DR Solo) pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA). This exemption will permit RICHARD MACK PHOTOGRAPHY, LTD. to allow commercial 

operation of Multi-Rotor, so long as operations are conducted within and under the conditions outlined within and 

under the conditions outlined herein or may be established by the FAA as required by Section 333. As described more 

fully below, the request is to operate an Unmanned Aircraft System (UAS), the 3DRobitics Solo, for the commercial 

purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, 

aerial landscapes and cityscapes over certain areas of the United States. As described more fully below, the requested 

exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled 

conditions in airspace that is: 

1. Limited 

2. Predetermined 

3. Controlled as to access 

4. Would provide safety enhancements to the already safe operations in the industrial film, and television 

production community presently using conventional and unmanned aircraft. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities to establish requirements for the safe operation of such aircraft systems in the national 

airspace system." Section 333 (c) of the Reform Act. 

Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 

Richard Mack 

President 

Richard Mack Photography, Ltd. 

2331 Hartzell Street 

Evanston, Illinois 60201-1410 

Cell: 847-840-0081 

Email: richard@mackphoto.com 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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Regulations form which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 9b) 

14 C.F.R 61.113 (a) & (b) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9 (b)(2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (b) 

91.203 (a) & (b) 

91.405(a) 

91.407(a)(1) 

91.409 (a)(2) 

91.417(a) & (b) 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

RICHARD MACK PHOTOGRAPHY, LTD. has for over thirty-five years provided their clients (which include 

private sector businesses and non-profits) with expertise and knowledge in still images, video and multimedia 

marketing, advertising, and public relations photography and video production advanced technologies and solutions. 

RICHARD MACK PHOTOGRAPHY, LTD. has worked on thousands of productions over the past 36 years in all 

types of locations with a perfect client and employee safety record. In the past we have supplied our clients aerial 

video and still photography using commercial aircraft. The objective of RICHARD MACK PHOTOGRAPHY, LTD. 

and our Unmanned Aircraft System (3DR Solo) aerial operations is to provide a more affordable, high-quality 

production system for a variety of governmental, commercial, public, and residential uses, specifically targeting 

 Landscapes and cityscapes for documentary films 

 Landscapes and cityscapes for commercial, advertising, TV video 

 Real-estate marketing 

 Architectural Photography aerials for Architects and Construction Firms 

 Economic development 

 Civic landmarks 

 Documentary Films 

 Stock imagery 

 Environmental assessment 

 Environmental documentary films 

I have safely flown small RC electric quadcopters recreationally for approximately 1 year without incident. I will 

always use the 3DR Solo software with FAA notices in the system along with the B4UFLY Mobile Application for safe 

flying. In the mid 1980’s I was a student pilot and had 50+ hours of flying experience. Only had to fly the final check 

ride when my first child was born keeping me from finishing at the time. I have done aerial work from helicopters and 

fixed wing aircraft for the last 35 years. 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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BACKGROUND

Unmanned Aircraft Systems: 3DR Solo, UAS 

RICHARD MACK PHOTOGRAPHY, LTD. seeks an exemption to operate 3DR Solo system for compensation or 

hire within the NAS. The 3DR Solo is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. The 3DR Solo has a maximum gross weight 

of approximately 3.5 lb. while having a diagonal dimension of 22”, a maximum speed of approximately 55mph and a 

maximum flying height of 400'. The 3DR Solo is equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

The 3DR Solo that will be operated by RICHARD MACK PHOTOGRAPHY, LTD. will be registered in accordance 

with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

1. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and aircrew (Spotter / 

Observer, Camera / Sensor Operator). 

2. Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 20% 

battery power reserve should that occur prior to the 20-minute limit. 

3. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an 

elevated platform from which airborne data collection is planned. 

4. A pre-flight briefing will be conducted in regard to the planned sUAS operation prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing. 

5. Pilot, Camera Operator, and Spotter (Observer) will have been trained in operation of sUAS generally and 

received up-to-date information on the particular sUAS to be operated as required in the 3DRobotics 

Manual 

6. Any Spotter (Observer) and Pilot will at all times be able to communicate by voice, radio, and/or text. 

7. Written and/or oral permission from the relevant property holders will be obtained. 

8. All required permissions and permits will be obtained from territorial state, county or city jurisdictions, 

including local law enforcement, fire, or other appropriate governmental agencies. 

9. If the sUAS loses communications or loses its GPS signal, the 3DRobotics Solo will have capability to return 

to a pre-determined location and land safely. 

10. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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B. The Specific Sections Of 14 C.F.R. From Which RICHARD MACK PHOTOGRAPHY, LTD. Seeks 

Exemption and The Reason RICHARD MACK PHOTOGRAPHY, LTD. Seeks The Relief. 

1. RICHARD MACK PHOTOGRAPHY, LTD. Seeks Exemption From The Requirements Of Section 14 CFR Part 

21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be 

utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under 

Part I l and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement capability, and proximity to airports and populated areas of the

particular 3DR SOLO. In all cases, an analysis of these criteria demonstrates that the 3DR SOLO operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed-wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both the Operator, pursuant to safety 

requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the 

area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety 

enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, 

provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the 3DR SOLO, due to its size, speed of operation, location of operation, lack of

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

2. RICHARD MACK PHOTOGRAPHY, LTD. Seeks Exemption From The Requirements Of Section 14 CFR 

§45.23 (B): Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words

"limited," "restricted", "light-sport," "experimental," or "provisional," as applicable. 

Even though the 3DR Solo will have no airworthiness certificate, an exemption may be needed as the 3DR Solo will have no 

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAV, 

two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). 

3. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 61.113(a) And (b). 
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2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the 

extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman 

medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS 

flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for 

compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is 

only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

As set forth more fully below, RICHARD MACK PHOTOGRAPHY, LTD. submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate the 3DR Solo UAS unless that PIC has met certain 

flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the 3DR Solo UAS 

in a manner consistent with the operations specifications as described in this exemption, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. 

Further, RICHARD MACK PHOTOGRAPHY, LTD. submits that all flights of the 3DR Solo UAS, conducted by the 

PIC pursuant to the grant of this Petition: (1) will be incidental to RICHARD MACK PHOTOGRAPHY, LTD.’s 

business; and (2) will not carry passengers or property for compensation or hire. 

4. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow RICHARD 

MACK PHOTOGRAPHY, LTD. to determine that the 3DR Solo UAS are in airworthy condition prior to every 

flight by ensuring that the UAS is in compliance with the operating documents (i.e., RICHARD MACK 

PHOTOGRAPHY, LTD. Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo Instruction Manual). 

RICHARD MACK PHOTOGRAPHY, LTD. seeks the requested relief because the 3DR Solo UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, RICHARD MACK 

PHOTOGRAPHY, LTD. will ensure that the 3DR Solo UAS are in airworthy condition based upon its compliance 

with the operating documents (i.e., Monthly Maintenance Log, and 3DR Solo) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

5. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 91.9 (b) (2) 

Civil Aircraft Flight Manual in the Aircraft 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the 

aircraft a current approved Airplane or Rotorcraft Flight Manual approved manual material, markings, and placards, or any 

combination thereof. 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because 

there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying 

the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A 10602, 32827, and 10700 

6. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 91.103 

14 CFR §91.103: Preflight Action 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved 

rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be 

provided as set forth in Sections J and K of the Manual. The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 

7. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 14 CFR §91.109: Flight Instruction 

Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. SUASs and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the

aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for 

a number of aircraft and for flight instruction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent 

level of safety provided by the fact that aircraft. 

9. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 91.119. 

Section 91.1 19 establishes safe altitudes for operation of civil aircraft. Section 91.1 19 (d) allows helicopters to be 

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route 

or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a rotorcraft request 

authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the Manual, the 3DR SOLO will never operate at higher than 400 ft. AGL-. It will however at 

times be operated in restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the 3DR SOLO as well as location 

where it is operated. No flight will be taken without the permission of the property owner or local officials. Because 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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of the advance notice to the property owner and participants in the filming activity, all affected individuals will be 

aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or 

rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional aircraft operating at or 

below 500 ft. AGL in the movie industry. In addition, the low-altitude operations of the sUAS will ensure separation 

between these small 3DR SOLO operations and the operations of conventional aircraft that must comply with Section 

91.1 19. 

10. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 3DR Solo 

UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to 

downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires 

that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground 

level (AGL), RICHARD MACK PHOTOGRAPHY, LTD. seeks the requested relief because the 3DR Solo UA’s 

altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, 

before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent 

necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an 

equivalent level of safety will be maintained since the 3DR Solo UAS are equipped with a barometric pressure sensor 

and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS. 

11. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 91.151 (b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent 

required to allow flights of the battery powered 3DR Solo UAS during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 20 minutes. RICHARD MACK 

PHOTOGRAPHY, LTD. seeks the requested relief because without an exemption from Section 91.151(b), the flight 

time duration of the battery powered 3DR Solo UAS will severely constrain the practicality of any aerial video or still 

photo flight operations that RICHARD MACK PHOTOGRAPHY, LTD. proposes to conduct pursuant to this 

Petition. Significantly, as set forth below, the technical specifications of the 3DR Solo UAS, the 3DR Solo operating 

documents, and The RICHARD MACK PHOTOGRAPHY, LTD.’s proposed operating limitations, ensure that 

RICHARD MACK PHOTOGRAPHY, LTD. will safely operate the battery powered 3DR Solo UAS during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly 

for a total duration of 20 minutes, which leaves 5 minutes of reserve to land. 
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2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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12. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Section 91.203 (a) and (b). 

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: 

(1) An appropriate and current airworthiness certificate.. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (b) of this section 

or a special flight authorization issued under §91 .715 is displayed at the cabin or cockpit entrance so that it is legible 

to passengers or crew. 

The 3DR SOLO fully loaded weighs no more than 55 lbs. and is operated without an onboard Pilot. As such, there is 

no ability or place to carry certification and registration documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the Pilot 

flying the 3DRobotics Solo will have immediate access to them, to the extent they are applicable to the sUAS. The 

FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

13. Extent Of Relief RICHARD MACK PHOTOGRAPHY, LTD. Seeks And The Reason RICHARD 

MACK PHOTOGRAPHY, LTD. Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a) & (b), 

And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a) & (b), and 91.417(a) & (b) only apply to aircraft with an 

airworthiness certificate, RICHARD MACK PHOTOGRAPHY, LTD. requests relief from these Sections because the 

3DR Solo UAS do not require airworthiness certificates. As set forth more fully below, the 3DR Solo UAS meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, RICHARD MACK 

PHOTOGRAPHY, LTD. will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents 

(i.e., the RICHARD MACK PHOTOGRAPHY, LTD. Aerial Operations Manual, Monthly Maintenance Log, and 

3DR Solo Instruction Manual). Furthermore, RICHARD MACK PHOTOGRAPHY, LTD. will document and 

maintain all maintenance records for the 3DR Solo UAS. 

C. The Reasons Why Granting RICHARD MACK PHOTOGRAPHY, LTD. Request Would Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing RICHARD MACK PHOTOGRAPHY, 

LTD. to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, 

events and civic landscape over certain areas of the United States. Additionally, use of the 3DR Solo UAS will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the 

benefits of RICHARD MACK PHOTOGRAPHY, LTD.’s proposed operation of the 3DR Solo UAS will be realized 

without implicating any privacy issues. 
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2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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1. The Public Will Benefit From Decreased Congestion Of The NAS. 

The 3DR Solo UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned 

aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform 

aerial acquisitions, an exemption allowing the use of a 3DR Solo UAS would reduce the amount of manned aircraft in 

the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the 

ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports 

caused by arriving and departing aircraft will be reduced. The 3DR Solo UAS do not require an airport to takeoff or 

land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in 

fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The 3DR Solo UAS. 

Conducting aerial acquisitions with the 3DR Solo UAS, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography 

flight operations. By using battery power and electric motors, the 3DR Solo UAS produce no air pollution, and is the 

most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft 

that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of 

leaded aviation fuel. The 3DR Solo UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion 

engine. By using the 3DR Solo UAS to perform aerial acquisitions, the substantial risk to life and property in the air 

and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially 

reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the 3DR 

Solo UAS (weighing approximately 3.5 pounds at their maximum gross weight with diagonal dimension of 22.0 

inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the 

ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing 

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 

gallons). 

3. Performing Aerial Video and Photography Operations With The 3DR Solo UAS Will Benefit The 

Economy. 

In addition to being safe and efficient, the 3DR Solo UAS are also an economical alternative to using manned aircraft 

to conduct similar aerial operations. As such, operation of the 3DR Solo UAS will allow United States based 

companies, like RICHARD MACK PHOTOGRAPHY, LTD., to remain competitive and contribute to growth of the 

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) 

regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered 3DR Solo UAS is one such 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

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technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides 

such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the 3DR Solo UAS, companies such as RICHARD MACK PHOTOGRAPHY, LTD., can remain 

competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through 

commercial use of the 3DR Solo UAS, provides a stable workforce that increases consumer spending; improves local, 

state, and federal tax revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, The RICHARD 

MACK PHOTOGRAPHY, LTD.’s proposed operation of the 3DR Solo UAS will not implicate any privacy issues. 

Specifically, the 3DR Solo UAS will be operated only in compliance with operating documents (i.e., RICHARD 

MACK PHOTOGRAPHY, LTD. Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo Instruction 

Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance 

with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

 
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D. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The 

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From 

Which RICHARD MACK PHOTOGRAPHY, LTD. Seeks Exemption. 

1. Reasons Why The 3DR Solo UAS Meet The Conditions Of The FAA Modernization and Reform Act 

of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its 

operation, RICHARD MACK PHOTOGRAPHY, LTD.’s operation of the 3DR Solo UAS meet the conditions of 

FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose 

a threat to national security. Specifically, FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of 

this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 

334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, at a 

minimum-- 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, 

United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may

operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

systems in the national airspace system. 

In seeking this exemption, RICHARD MACK PHOTOGRAPHY, LTD. submits that the 3DR Solo UAS can operate 

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the 3DR Solo UAS; 

(b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The 3DR Solo UAS Demonstrate Its Safe Characteristics.

The 3DR Solo UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The 3DR Solo UAS. 

The technical specifications of the 3DR Solo UAS are set forth by the 3DR Solo User Manual, attached hereto as 

Appendix A. 

ii. The 3DR Solo UAS Global Positioning Modes Enable The UAS To Remain Within A Defined 

Operational Area. 
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The 3DR Solo UAS may be operated in both manual and global positioning flight modes. A complete description of 

the flight and navigational modes of the 3DR Solo UAS is provided at pages 26-27 of the 3DR Solo User Manual 

attached hereto as Appendix A. 

iii. The 3DR Solo UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of 

Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the 3DR Solo UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 

seconds, the 3DR Solo UAS does not reacquire control link data from the GCS, the UAS will assume that the Control 

Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff 

position and shutdown. 

A complete description of the Failsafe Functions of the 3DR Solo UAS are set forth at pages 53 through 56 of the 

3DR Solo User Manual, attached hereto as Appendix A. 

iv. The 3DR Solo GCS And Its Operation.

A complete description of the operation and specifications of the 3DR Solo GCS and flight control software is 

provided at pages 30 through 59 of the 3DR Solo User Manual. 3DR Solo User Manual is attached hereto as 

Appendix A. 

b. Flight Operations Of 3DR Solo UAS Is Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer. 

RICHARD MACK PHOTOGRAPHY, LTD. video production staff will be the only persons to act as a pilot in 

command (PIC) of the 3DR Solo UAS. Additionally, a safety observer will assist him at all times during flight time. 

c. Flights Of 3DR Solo UAS Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, RICHARD MACK PHOTOGRAPHY, LTD. proposes to commercially operate 3DR Solo 

UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant 

to the following specific operating limitations. 

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the 

operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: 3DR Solo Unmanned 

Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this 

grant. 

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and 

photography. 

3. The UAS may not be flown at an indicated airspeed exceeding 55 knots. 

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the 

procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be 

able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 
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7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as 

the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can 

perform the functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and 

other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available 

to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is 

the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents if it petitions for extension or 

amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection 

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station must be included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, 

e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the 

functional test flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or 

equipment, not already covered in the relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with 

the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description of work accomplished, and the 

signature of the authorized person returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical certificate. 
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18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and 

demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under 

the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 

61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. 

However, training operations may only be conducted during dedicated training sessions. During training, proficiency, 

and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the 

PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made 

at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAApublished aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when 

visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location within the 

planned operating area and land or be recovered in accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the 

operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to 

request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in 

accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part 

45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must 

comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency 

requirements. 
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28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle. 

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the 

PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in 

the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or 

structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those 

persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-access property with permission from the land 

owner/controller or authorized representative. Permission from land owner/controller or authorized representative 

will be obtained for each flight to be conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational 

area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on 

the NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not 

Adversely Affect Safety.

RICHARD MACK PHOTOGRAPHY, LTD. submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 3DR Solo UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate 

the 3DR Solo UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Considering RICHARD MACK PHOTOGRAPHY, LTD.’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the 

3DR Solo UAS, RICHARD MACK PHOTOGRAPHY, LTD. submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for RICHARD 

MACK PHOTOGRAPHY, LTD.’s specific proposed flight operations. 
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The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

RICHARD MACK PHOTOGRAPHY, LTD. will not allow any PIC to operate the 3DR Solo UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the 3DR Solo UAS training and currency 

requirements, that the PIC is able to safely operate the 3DR Solo UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours 

of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same 

make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 

11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable 

regulations will ensure an equivalent level of safety during RICHARD MACK PHOTOGRAPHY, LTD.’s proposed 

operations. The Administrator has held that prior documented flight experience that was obtained in compliance with 

applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture 

filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a 

minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than 

additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may 

be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in 

the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required 

to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138. 

Accordingly, RICHARD MACK PHOTOGRAPHY, LTD. will ensure safe operations by not allowing any PIC to 

operate the 3DR Solo UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the 3DR Solo UAS in a manner consistent with the exemption, 
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including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely 

Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, 

RICHARD MACK PHOTOGRAPHY, LTD. will ensure that the 3DR Solo UAS is in an airworthy condition based 

upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in 

all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely 

Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the 

3DR Solo UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with RICHARD MACK PHOTOGRAPHY, LTD.’s operation of the 3DR Solo UAS within 

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude 

information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude 

initiation point is automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely 

Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a 

result of (1) the technical specifications of the 3DR Solo UAS; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Accordingly, RICHARD MACK PHOTOGRAPHY, LTD. will 

ensure that it will safely operate the battery powered 3DR Solo UAS during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the 3DR Solo UAS; the limitations on the proposed 

flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the 3DR Solo UAS provide audible and visual 

warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the 3DR Solo UAS will descend and land automatically. 
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Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has 

been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 

specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, RICHARD MACK PHOTOGRAPHY, LTD. submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because RICHARD MACK PHOTOGRAPHY, 

LTD. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using 

the methods, techniques, and practices prescribed in the operating documents (i.e., RICHARD MACK 

PHOTOGRAPHY, LTD. Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo Instruction Manual). 

Furthermore, RICHARD MACK PHOTOGRAPHY, LTD. will document and maintain all maintenance records for 

the 3DR Solo UAS. 

Since the 3DR Solo UAS will be inspected as prescribed by the operating documents, RICHARD MACK 

PHOTOGRAPHY, LTD. will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), 

and 91.409(a)(2). A copy of the 3DR Solo User Manuals are attached hereto as Appendix A; a 3DR Solo UAS 

Maintenance LOG will be maintained by RICHARD MACK PHOTOGRPAHY, LTD. 

Likewise, the exemption sought will not adversely affect safety because RICHARD MACK PHOTOGRAPHY, LTD. 

will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the 

methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 

91.417(a) and 91.417(b), because all maintenance of the 3DR Solo UAS will be performed by trained technicians. 

Maintenance will be documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. 

In consideration of RICHARD MACK PHOTOGRAPHY, LTD.’s proposed operating limitations, the operating 

documents, and the technical aspects of the 3DR Solo UAS, RICHARD MACK PHOTOGRAPHY, LTD. submits 

that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and 

(a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 
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7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 

entitled Special Conditions, RICHARD MACK PHOTOGRAPHY, LTD. requests that the FAA prescribe special 

conditions for the intended operation of the 3DR Solo UAS, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart 

H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of 

conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA 

Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be established for the safe 

operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 

C.F.R.§ 21.16, for operation of the 3DR Solo UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 

21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety 

standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, 

aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the 

regulations. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special 

conditions for RICHARD MACK PHOTOGRAPHY, LTD.’s intended operation of the 3DR Solo UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Summary That Can Be Published In The Federal Register, stating: The Rules From Which 

RICHARD MACK PHOTOGRAPHY, LTD. Seeks Exemption: 

RICHARD MACK PHOTOGRAPHY, LTD. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption RICHARD MACK PHOTOGRAPHY, LTD. 

Seeks: 

This exemption will permit RICHARD MACK PHOTOGRAPHY, LTD. to commercially operate an Unmanned Aircraft System 

(UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

Any Additional Information, Views, Or Arguments Available To Support RICHARD MACK 

PHOTOGRAPHY, LTD.’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in 

the NAS. As such, RICHARD MACK PHOTOGRAPHY, LTD.’s request for exemption may be granted pursuant to 
 Richard Mack Photography Ltd 

2331 HARTZELL STREET, EVANSTON, ILLINOIS 60201 T 847 869 7794 F 847 869 7798 MACKPHOTO.COM 

Page | 21 

the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose 

a threat to national security; and further, provides the authority for such UAS to operate without airworthiness 

certification. As discussed in detail above, RICHARD MACK PHOTOGRAPHY, LTD. will operate the 3DR Solo 

UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to 

national security. 

CONCLUSION

As set forth herein, RICHARD MACK PHOTOGRAPHY, LTD. seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the 

3DR Solo UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video 

and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the 

interests of the public, by allowing RICHARD MACK PHOTOGRAPHY, LTD. to safely, efficiently, and 

economically operate the 3DR Solo UAS commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 

2012, Section 333, RICHARD MACK PHOTOGRAPHY, LTD. respectfully requests that the Administrator grant 

this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit RICHARD MACK 

PHOTOGRAPHY, LTD. to operate the 3DR Solo UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

Dated: February 16, 2016 

Respectfully submitted, 

Richard Mack 

President 

Richard Mack Photography, Ltd. 

2331 Hartzell Street 

Evanston, Illinois 60201-1410 

Studio: 847-869-7794 Fax: 847-869-7798 Cell: 847-840-0081 

richard@mackphoto.com 

Appendices: 

A – Link to 3DR Solo Manual: Click on link below, or, if needed we can supply a PDF of the 3DR Solo Manual. 

https://3dr.com/kb/solo-user-manual/